The U.S. Supreme Court is set to convene on Apr. 1, 2026, to hear arguments on the legality of President Donald Trump’s executive order that seeks to deny birthright citizenship to children of undocumented immigrants, born in the U.S.
The court’s hearing comes as immigration has become a highly contested subject amid rampant increases in immigration enforcement operations across the country.
The scheduled hearing follows the high court’s agreement to review a lower court’s October 2025 rejection of the president’s argument.
The Supreme Court will consider whether the president’s executive order violates the Citizenship Clause of the 14th Amendment and a provision of the legislation that codified the clause. The act was first enacted in the Nationality Act of 1940 and then reenacted in the Immigration and Nationality Act of 1952.
The Citizenship Clause states that "all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."
If the court rules in favor of President Trump, the president’s interpretation of the constitutional provision would intrinsically alter how the clause has been interpreted.
President Trump’s executive order, which aims to reframe birthright citizenship, is a key pillar of his immigration agenda, an effort that dates back to his 2024 presidential campaign.
Following his inauguration in Jan. 2025, President Trump ordered federal agencies to no longer recognize the citizenship of children born in the U.S. if at least one parent is not a U.S. citizen or a lawful permanent resident.
A decision in the case is expected at the end of June or early July 2026. If the Supreme Court rules against the president, it’ll mark the second major loss during his second presidential term.
Earlier in Feb. 2026, the high court struck down the president’s International Emergency Economic Powers Act tariffs, which he imposed at the beginning of his second term.
